Kasaragod: Consuming liquor in a private place is not an offence if it does not cause a nuisance to the public, ruled the High Court of Kerala.
"Mere smell of alcohol also cannot be construed to mean that the person was intoxicated or was under the influence of any liquor," remarked Justice Sophy Thomas.
The justice made the remarks while quashing a petition filed by a Kollam-native, Salim Kumar, against whom a crime was registered by the Badiadka Police here in February 2013.
The allegation was the Kumar, who was working as a village assistant, had been under the influence of alcohol when summoned to the police station for identifying an accused.
He was unable to identify the accused, who was a stranger to him. However, the police registered a case against him for arriving at the station in an 'intoxicated' state. He was booked under section 118(a) of Kerala Police Act.
"A diminished ability to act with full mental and physical capabilities because of alcohol or drug consumption; drunkenness, will come under the definition of intoxication as per Black's Law dictionary,” the justice remarked.
The court ruled that the available facts and materials were "insufficient to suggest that, he was not able to control himself or he committed rioting inside the Police Station causing a nuisance".
